Sivakumar v. The Superintendent Of Police

Crl.O.P.(MD)No.12671 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.12671 of 2021 Sivakumar ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

3.Thiruselvam 4.Mahadevan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to harass the petitioner and his family members under the guise of enquiry. For Petitioner : Mr.S.Veeranasamy For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This petition is filed seeking a direction to the 2nd respondent not to harass the petitioner and his family members under the guise of enquiry.

2.The case of the petitioner is that he and his wife are disabled persons and they are running Arulmigu Sri Annapoorani Educational and Public Charitable Trust. The respondents 3 and 4 herein are the former employees of the Trust. Due to some illegal activities, they have been removed. To wreak vengeance, they have given a complaint to the 2nd respondent stating that the petitioner has received a sum of Rs.7,00,000/-. So, on the basis of the complaint, the 2nd respondent is harassing the petitioner. Hence, this petition.

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Crl.O.P.(MD)No.12671 of 2021 3.The learned Additional Public Prosecutor (Crl.side) appearing for the respondents 1 and 2 would submit that the 3rd respondent has given a complaint on 21.01.2021 stating that the petitioner has received a sum of Rs.7,00,000/- for job, but later cheated. During the course of enquiry, both parties appeared in CSR.No.75 of 2021 and both parties entered into a compromise, by which, this petitioner undertook to repay the amount within 3 months. Later, it appears that the amount was not paid. This petitioner on 26.08.2021 gave a representation, which is also enquired in C.P.No.14460 of 2021.

4.Since the petitioner has not disclosed the fact of compromise that has been reached between the parties on the earlier occasion, I am of the considered view that this petition is not entertainable. I find no merit in this petition.

5.This petition is dismissed, accordingly.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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